On the return of the order defendant appeared before the district court, and objected to any order granting the extension of time. The district court overruled the defendant’s objections and by an order granted an extension of tims to settle a bill until June 22, 1891, to which order defendant filed its exception as follows: “To the entering of which order the defendant now objects and enters its exceptions on the following grounds: First, More than three years have elapsed since said cause was tried to a jury, and it is now too late for the settlement of a bill of exceptions under the statute. Second, The alleged cause for granting such motion, showing the affidavit upon which the same is made, is not sufficient, either in form or in substance, to authorize the granting of such relief.” “The foregoing objection and exception is allowed, and is hereby made a part of the record in this case.” Counsel appeared before the district court on June 9, 1891, at which time the district court, without other showing of cause, and upon the cause shown by said affidavit, settled and allowed the bill in question. Defendant objected, and excepted to such settlement, and filed its written objections thereto as follows: "The defendant, conceding that the foregoing is a true bill of exceptions, herein objects to the settlement and allowance of the same by the court for the following reasons: First, That the same was not prepared within the time allowed by law, or within a reasonable time after the trial of the action. Second, The reasons set forth in the plaintiff's application to this court for an extension of time within which to prepare and have settled a bill of exceptions in this case were not sufficient to justify the court in granting such application upon the facts shown upon such application. The court was not warranted in granting an order reviving the time within which a bill of exceptions might be served and settled.” The objections and exceptions were allowed and made a part of the record.
In support of the motion to purge the record in this court, counsel for respondent, while conceding that the court below, under § 5093, Comp. Laws, possesses the power to extend time and fix another time in such cases, insist that when the statutory time has elapsed the power to extend time and fix another time for
